File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Imposition Of Appropriate Sentence

A murder committed due to deeply-seated mutual and personal rivalry may not call for the death penalty. However, organized crime or the mass murder of innocent people should warrant a death sentence to deter similar crimes. This perspective was observed in SCC p. 82, para 6.

It would be a mockery of justice to permit the accused to escape the extreme penalty of the law when faced with such evidence and cruel acts. To give a lesser punishment to the accused would render the justice system of the country suspect. The common man would lose faith in the courts. In such cases, he understands and appreciates the language of deterrence more than the reformative jargon.

Therefore, undue sympathy resulting in an inadequate sentence would do more harm to the justice system and undermine public confidence in the efficacy of the law. Society could not long endure such serious threats. It is, therefore, the duty of every court to award a proper sentence, having regard to the nature of the offense and the manner in which it was executed or committed, etc. This position was illuminatingly stated by the Supreme Court in Sevaka Perumal vs. State of T.N.

Criminal Law generally adheres to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the judge in arriving at a sentence in each case, presumably to permit sentences that reflect more subtle considerations of culpability raised by the special facts of each case. Judges, in essence, affirm that punishment ought always to fit the crime, yet in practice, sentences are determined largely by other considerations.

Sometimes, it is the correctional needs of the perpetrator that are offered to justify a sentence, sometimes the desirability of keeping him out of circulation, and sometimes even the tragic results of his crime. Inevitably, these considerations cause a departure from 'just deserts' as the basis for punishment and create cases of apparent injustice that are serious and widespread.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly